WEST virginia legislature

2024 regular session

Introduced

House Bill 4941

By Delegates Crouse, Petitto, Lucas, Moore, and Smith

[Introduced January 19, 2024; Referred to the Committee on Economic Development and Tourism]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-22-1 and §31-22-2, all relating to requiring businesses in West Virginia to accept cash as a form of payment.

Be it enacted by the Legislature of West Virginia:

ARTICLE 22. cash payment nondiscrimination.

§31-22-1. Enactment.

(a) Any retail mercantile establishment in which food is prepared, sold, or served in this state, or other establishment offering goods or services for sale shall accept United States currency – cash – as legal tender when offered as payment. Such establishment shall not discriminate against a cash buyer by requiring the use of a credit or debit card or electronic payment device or process in order to purchase food, goods, or services. This section shall not apply to telephone, mail order, electronic, online, or other transactions in which the buyer is not present in the establishment's physical place of business.

(b) The West Virginia Treasurer's Office may make regulations to implement this section, including authorization of exemptions or exclusions from this section. Exemptions or exclusions under this section may be provided based on criteria including, but not limited to, the nature of the establishment; the nature of the food, goods, or services; the denomination of currency used; or the amount of the transaction.

(c) A violation of this section shall be punishable by a fine not to exceed $500.

§31-22-2. Effective date.

This article shall take effect upon passage. The West Virginia Department of Commerce may make regulations and take other actions reasonably necessary to implement this act on that date.

NOTE: The purpose of this bill is to require businesses in West Virginia to accept cash as a form of payment.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.